The lawful use of land existing at the time of the adoption of this chapter, although such use does not conform to the regulations herein specified for the district in which such land is located, may be continued, provided that no such use shall be enlarged or increased, nor be extended to occupy a greater area than that occupied by such use at the time of the adoption of this title, and shall be in conformity to the regulations specified for the district in which such land is located, provided, however, that a building or structure occupied by a nonconforming use or building or structure nonconforming as to height area, or yard regulations may be added to or enlarged, remodeled or moved to a new location on the lot only upon a permit authorized by the Planning Commission, which may issue such permit provided that the Commission, after a public hearing, shall find:

   (A)   The proposed change does not impose any unreasonable burden upon the lands located in the vicinity of the nonconforming use or structure.

   (B)   Will not under the circumstances of the particular case be detrimental to the health, safety, and general welfare of people in the area or the city in general.

   (C)   Is logically and reasonably related to the existing use and that the size and/or intensity of the enlargement, expansion, restoration or change is not such that it would more appropriately be moved to a zone district in which it is permitted.

(`67 Code, § 10-14-1)

   The lawful use of a building existing at the time of the adoption of this chapter may be continued although such use does not conform to the regulations specified for the district in which such building is located.

(`67 Code, § 10-14-2)

   The nonconforming use of a property may be extended as described in § 153.195 provided a use permit is approved.

(`67 Code, § 10-14-3)

   The nonconforming use of a building may be changed to a use of the same or more restricted nature provided that in each case a use permit is first obtained.

(`67 Code, § 10-14-4)

   If the nonconforming use of a building or land ceases for a continuous period of six months, it shall be considered abandoned and shall therefore be used only in accordance with the regulations for the district in which it is located.

(`67 Code, § 10-14-5)

   A nonconforming building damaged or destroyed by fire, explosion, earthquake or other act to an extent of more than 75% of the appraised value thereof, according to either the assessor's records or an appraisal performed by a qualified real estate appraiser may be restored only if made to conform to all the regulations of the district in which it is located, provided that such building may be restored to a floor area not exceeding that of the former building if a use permit first shall be secured.

(`67 Code, § 10-14-6)

   Ordinary maintenance and repairs may be made to any nonconforming building provided no structural alterations are made and providing that such work does not exceed 15% of the appraised value in any one-year period. Other repairs or alterations may be permitted provided that a use permit shall first be secured in each case.

(`67 Code, § 10-14-7)

   Nothing contained in this chapter shall be deemed to require any change in the plans, construction or designated use of a building for which a building permit has been properly issued, in accordance with the provisions of this chapter then effective, and of this chapter, provided that in all such cases actual construction shall be diligently carried on until completion of the building.

(`67 Code, § 10-14-8)

   Expansion of a legal nonconforming single-family dwelling or duplex by not more than 25% of the floor area of the existing dwelling(s) shall be permitted with the approval of the Community Development Director. Such expansion shall meet all other requirements of the city code and shall not result in the creation of more dwelling units than currently occupies the property.

(`67 Code, § 10-14-9) (Ord. 87-11, passed 7-27-87)